End-of-service Benefits

প্রশ্ন · Question

Perhaps there is a preoccupation that occupies you, May Allah help
you, so I loved to remind you of my question for my urgent need for
the answer, Allah bless you and bring goodness at your hands.
Assalamu Alaikum wa Rahmatullah, a good greeting from Allah to you
Our honorable Sheikh;
What is the Shari ruling on claiming end of service benefit (gratuity) for
a worker who has spent years working regularly and receives his

"agreed" salary from the employer without unfairness or injustice
during his tenure?
In other words, is the end of service benefit provided for in the current
law, which is in force today, a legal (Shari) right for a worker whose
term of employment has been terminated? Is the employer’s refusal to
pay the end of service payment considered denying the right and
committing a Haram (the unlawful)?
The current law provides for one -third of the monthly salary for every
year of service for a worker who has worked for less than 5 years, two -
thirds for each year of service for a worker who has worked for 5 -10
years, and a full salary for over 10 years of service.
And Allah bless you,
I ask your eminence to speed up the answer for the urgent need and
necessity.
Wa Assalam Alaikum wa Rahmatullahi wa Barakatuh,

উত্তর · Answer

Wa Alaikum Assalam wa Rahmatullahi wa Barakatuh,
O brother, the Muslims should adhere to their conditions as stated in
the noble Hadith, which was narrated by al -Tirmidhi in his Sunan, and
said that Kathir bin 'Amr bin 'Awf Al -Muzani narrated from his father,
from his grandfather, that the Messenger of Allah ﷺ said:
حَلَّ حَرَامًا
َ
وْ أ
َ
«“And the Muslims
will be held to their conditions, except the conditions that make the
lawful unlawful, or the unlawful lawful."
Accordingly, if the contract of employment between the worker and
the employer states the condition that the worker has (an end of
service benefit of such and such amount) then it becomes a right of
the worker in accordance with the contract requirement.

As well as if the employment contract between the worker and the
employer is legally subject to the conditions of the labor law applicable
to the employer and this law provides that the worker has (an end of
service benefit of such and such amount) then it becomes a right of
the worker in accordance with the contract requirement.
However, if none of the above is found as stated above, but only the
salary to be given to him, then he shall not have the end of service
benefit.
This is what I see in this matter, I hope that it is clear, and Allah Knows
Best and He is Most Wise.
Your brother,
Abu Yasin
11th Rajab 1440 AH
18/03/2019 CE